Michigan Legal Separation

If they lived in Michigan an option for Jesse James , Sandra Bullock would be legal Separation

Flint Divorce Lawyer Terry Bankert shares his thoughts On Legal Separation.

A Married Couple in Flint and through out Michigan may request separate maintenance because the parties have a religious objection to divorce, or want to stay married for other reasons. Some times it allows for a cooling off period while protecting both parties. As a Flint Divorce Attorney my observation is that a separate maintenance may in some Flint Divorce cases may have saved the marriage.
　
　
On March 7, Sandra Bullock and Jesse James walked the red carpet arm in arm before Bullock accepted the Best Actress Oscar at the ceremony for her work in "The Blind Side." That next week, she reportedly moved out of the couple's home. [1] If they were residents of Michigan several options would be available. Legal Separation would be one.
　
Separate Maintenance

Married persons may request separate maintenance because the parties have a religious objection to divorce, or want to stay married for other reasons. Separate maintenance may allow both parties to have continued health care coverage, but some employers and heath insurance providers treat an action for separate maintenance as a triggering event disqualifying a nonemployee spouse from continued health insurance coverage. This is not uniformly applied by either employers or health insurance providers.

How do you get a separate maintenance? It is filed in the same manner and on the same grounds as a divorce MCL 552.7. First the plaintiff or the defendant must have resided in the state for at least 180 days and in the county of filing for at least 10 days immediately preceding the filing of the complaint MCL 552.7(1), 9(1).

This criteria must be met. Both of these residency requirements are jurisdictional and must be met on the date of filing. If the requirements are not met, the action may be dismissed or the judgment set aside. Lewis v Lewis, 153 Mich App164, 395 NW2d 44 (1986) (circuit court lacks jurisdiction in separate maintenance action if neither party met residency requirement before filing).

ARE YOU DIVORCED? When the matter is concluded, the parties are still technically married, but the marital property may be divided, MCL 552.19, and the court may order support for a spouse who requires it MCL 552.23 (1).A Separate Maintenance action will result in a divorce judgment if the defendant files a counterclaim for divorce and the statutory grounds are established MCL 552.7 (4) (b).

Questions? Contact information below.

Posted here by
Terry Bankert
Flint Michigan Divorce Lawyer
http://www.dumpmyspouse.com/

[1]
http://www.cbsnews.com/stories/2010/03/19/entertainment/main6315401.shtml

Link to this article
http://terrybankert.blogspot.com/2010/03/michigan-legal-separation.html